HomeMy WebLinkAboutOrdinance 4751 ORDINANCE NO.
AN ORDINANCE M-TENDING ORDINANCE NO. 301119
PROVIDING FOR BOARD OF ADJUSTMENT HEARINGS
BY A QUORUM OF FOUR (4) MEMBERS; PRESCRIBING
A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE
DATE.
WHEREAS, that portion of SECTION 20. BOARD OF ADJUSTMENT,
Ordinance Number 3011, which provides that "all cases to be heard
by the Board of Adjustment will always be heard by a minimum
number of five (5) members." is inconsistent with the provisions
of 'Article 1011g, Revised Civil Statutes of Texas, as amended
effective ninety (90) days after May 29, 1961, date of adjournment
of the Legislature, which provides that "all cases to be heard by
the Board of Adjustment will always be heard by a minimum number
of four (4) members.". and
WHEREAS, it is necessary that the Comprehensive Zoning
Ordinance be consistent with the State Statutes, and
WHEREAS, it is desirable that the Board of Adjustment be
able to conduct a hearing with a quorum of four (4) members
present, now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the provisions of SECTION 20. BOARD OF ADJUSTMENT, Ordinance Number 3011
reading "all cases to be heard by the Board of Adjustment will always be heard by
a minimum number of five (5) members." be and the same are hereby altered, changed
and amended so that hereafter same shall be and read as follows:
"all cases to be heard by the Board of Adjustment will always
be heard by a minimum number of four (4) members.,,
SECTION 2.
This ordinance shall be cumulative of all other ordinances of the City of
Fort Worth affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance.
SECTION 3.
Should any section, clause or provision of this ordinance be declared by the
court to be invalid, the same shall not affect the validity of the ordinance as a
whole or any part thereof, other than the part so declared to be invalid.
SECTION 4.
This Ordinance will take effect and be in full force and effect from and
after its passage and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
--5el
o-7e�pN L f
r
CITY ATTORNEY
Adopted: -
/o _
F-r. CookLnghaa
Mr. aakw
CITY OF FORT WORTH
TEXAS
OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. pZ_ 34
October 29, 1962
Honorable Mayor and
Members of the City Council Re: Quorum for Board of Adjustment
City of Fort Worth Hearings
Mrs. McKnight and Gentlemen:
Zoning Ordinance No. 3011, the Comprehensive Zoning Ordinance, requires
that all five members of the Board of Adjustment must be present to con-
duct a hearing.
The State Statute authorizing establishment of City Boards of Adjustment
has recently been amended to permit such boards to conduct hearings with a
quorum of four members present.
An amendment to Ordinance No. 3011 has been prepared, reducing to four the
required number of members for a quorum, which will be consistent with
the applicable state statute.
Adoption of the ordinance is recommended by the Board of Adjustment.
Respectfully submitted,
40 A��
LPC:ih P. Cookingham
City Manager
CITY OF FORT WORTH, TEXAS
THE SUBJECT I;ATTE3 OF THIS 1%1.R C.C.
WAS P:: �UT'T?7.'FO '_J TCITY
1962
AND V&3 ❑ .
Cit Secretary